Abstract

In previous work, I have characterized one of the two constitutive fea­tures of the new general model of constitutionalism adopted over the last 30 years in Canada, New Zealand, the United Kingdom, and two sub-national units in Australia as decoupling judicial review from judicial supremacy. In this chapter, I aim firstly to clarify this feature by exploring the relevant meaning of judicial supremacy (that the model rejects) in light of certain potential misunderstandings and alternative senses that could be given to the term. Then, in the belief that judi­cial review shorn of judicial supremacy is easier to defend than the standard version in which they are combined, I present the case for this part of the general model.

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